COURT UPHELD FAS DECISION ON THE CASE OF COLLUSION IN MEDICAL WASTE MANAGEMENT

The Moscow Arbitration Court upheld the decision of FAS against the Ministry of Health of the Rostov Region and a number of medical state institutions* of the region and Center 100 Rostov-on-Don LLC on the violation of Article 16 of the Law on Protection of Competition**.

In September 2021, FAS found the organizations and the government agency violating antimonopoly legislation. They entered into anticompetitive agreement, the implementation of which resulted in the restriction of competition in the bidding for the provision of services for the management of class "B" medical waste. The agreement implied the subsequent conclusion of contracts with a supplier predetermined by the regional Ministry of Health - Center 100 Rostov-on-Don LLC. The company did not meet the requirements of the procurement documents.

The organizations and their officials face fines under the Code of Administrative Offences of the Russian Federation.

For reference:

* GBU RO "OKB No. 2", MBUZ "City Hospital No. 20 in Rostov-on-Don. Rostov-on-Don", GKUZ RO "DRS No. 4" Rostov-on-Don, MBUZ GBSMP Novocherkassk and LLC "Center 100 Rostov-on-Don".

** Article 16 of the Law on Protection of Competition prohibits agreements restricting competition between regional authorities, other authorities and organizations performing their functions, as well as economic entities.

*** Class "B" medical waste is epidemiologically hazardous waste accumulated by healthcare institutions, including plastic, biological waste, personal protective equipment (including masks and gloves), diapers, etc.